E-Library - Information At Your Fingertips: Printer Friendly 11 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62543 apologized and abandoned his intentions. That accused-appellant chose not to wake up Jacqueline upon entering the room should not be taken against him. Individuals have different preferences for sexual intercourse preliminaries and it is not for this Court to categorize a certain practice as unusual or contrary to normal human experience. Finally, We note that while the "sweetheart theory" does not often gain approval, We will not hesitate to set aside a judgment of conviction where the guilt of the accused has not been proven beyond reasonable doubt WHEREFORE, the foregoing premises considered, the Decision dated February 28, 2014 of the Courtof Appeals in CA-G.R. CR No. 35394 is REVERSED and SET ASIDE. For failure of the prosecution to prove his guilt beyond reasonable doubt, Avelino Angeles y Olano is hereby ACQUITTED of the charge of Acts of Lasciviousness. Where accused Avelino Angeles y Olano is not in detention as reported by his counsel, Atty. Miriam S. Clorina, let a copy of this Decision still be furnished the Director of the Bureau of Corrections, Muntinlupa City for information and guidance that accused has been acquitted of the charge in this case. SO ORDERED. Velasco, Jr., (Chairperson), Leonardo-De Castro,* Peralta, and Reyes, JJ., concur. December 12, 2016 NOTICE OF JUDGMENT Sirs / Mesdames: Please take notice that on October 12, 2016 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on December 12, 2016 at 12:00 p.m. Very truly yours, (SGD) WILFREDO V. LAPITAN Division Clerk of Court * Designated as Additional Member in lieu of Justice Francis H. Jardeleza per raffle dated October 12, 2016. [1] Rollo, pp. 32-40; penned by Associate Justice Amelita G. Tolentino, concurred by Associate Justices Ricardo R. Rosario and Leoncia R. Dimagiba. 4/21/2020, 9:21 AM